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HELP! Legal Straw Man and Sovereignty UCC-1 theory valid?

 
Anonymous Coward
User ID: 1087788
United States
09/02/2010 10:53 PM
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Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid?
I am not a coward, he knows who I am. Hello you piece of s---
Anonymous Coward
User ID: 1087738
Canada
09/03/2010 01:55 AM
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Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid?
It will only work in the sense that you pay them some money for a CD/Book/Tape and they get richer thereby forstalling their bankruptcy while pushing you closer to yours and instilling a blind hope in fatally flawed logic.

YOU borrowed money to buy a car and YOU have to pay it back. Sorry, but life is tough at times. There is no miracle solution that can be bought off an internet website.
 Quoting: Anonymous Coward 9482

Sure...but who the fuck are "YOU"?!
You don't even know.
You "assume" "you" are who they have told "you".
But your gifted name was taken from you and monetized.
It was pledged without your consent.
If the trustees are receiving benefit from this (and they are) and they have no intention to do what is lawful, then this is fraud...plain and simple.
That is illegal.
Trustee's are to be honorable and TRUST-worthy.
for IN GOD....WE TRUST.
It is a matter of trusts.
Anonymous Coward
User ID: 814465
United States
09/03/2010 08:43 AM
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Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid?
ONE THING THEY CANNOT ANSWER, WHO GETS THE USD 99,97

A USD 100 NOTE COSTS 3 CENTS TO PRINT. THEY SELL IT FOR USD 100 PLUS INTEREST.

LOTS OF WORDS

LOTS OF TREASURY BILLS

BUT WHO GETS THE USD 99.97

GL
 Quoting: GREY LENSMAN 118620

Rothchild and associates
Anonymous Coward
User ID: 814465
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09/03/2010 08:47 AM
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Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid?
So the bank holding the mortgage was responsible for paying the property taxes through an escrow account you were funding via the monthly mortgage payment, correct?

In other words, look at your mortgage and it should show you a breakdown of what comprises your monthly payment...principal, interest, real estate taxes, etc?

Or what escrow account are you referring to?

did you notice the attorney who made the original mistake? Anyone you think had a role in the situation has to be noticed as soon as possible. nothing complicated, but it should be concise and clear. example, on xx/xx/xx, I retained your services to review and prepare all documents relating to the purchase of lot number xxxxxx in the county of xxxxxx. It has come to my attention that due to preparation errors contained in these documents the property has been seized and sold resulting in a substantial loss to me....something along those lines. Dont try to tell the whole story, just make sure that everyone who you think may have some responsibility in this is noticed. It is generally required that anyone who may be responsible, if that is the case, has to be told asap to have a chance to mitigate their own damages.
 Quoting: Anonymous Coward 860064

when you file suit include John Does 1 through 10 so if in discovery you find someone else who is a party they dont skate free
Anonymous Coward
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09/03/2010 08:54 AM
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Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid?
Hi,
I don't know if shibumi2 is still here reading or not, but I have read 1-14 of this thread and am now going to give shimbu2's advice a try. I owe about $24,000 in debt. I had a stable job for 8 years and then got laid off right after I just had a baby. I have never been late on credit card payments and paid them off usually in full until I got laid off and was not able to pay. My last payment was back in 2009 of last year. I was contacted by phone by a 3rd party collection agency and I wrote them a letter and told them to no longer contact me by phone, so they sold my debt to a another company.
Then I found this thread.
A few days ago I had received my first letter stating that I have 30 days to dispute otherwise they sue me. While typing out the letter posted by shibumi2 here I got a phone call from the so called law-firm that I was writing my letter to. A lady who sounded as if she was a new trainee answered and was speaking in a very uncomfortable and non confidant manner.
She said that I was not able to dispute my charges because I had passed the 30 day period, although my first letter received clearly states that I have 30 days to dispute. She said it passed because my closing period was back in June. I told her that I no longer wanted to speak to her and to notify me by mail. She tried to pass the phone over to her manager and that is when I just hung up the phone.
Now I am going to mail out my letter today and I hope that I won't end up being sued because from then on I don't know how else to proceed. I don't own any property. I have an old car that is practically undrivable and it would be a good thing if they actually took it away. I am not employed, not married and am living by the skirts of my boyfriend and mother. I have no money, no allowance, no anything. If they do sue me, it would be a total loss on their part because I have nothing except the shirt off my back and an old beat up car that just stays parked.
Well, I am sending the letter today, certified and registered. I want to thank everyone who contributed to this forum, especially shibumi2 for your wisdom and advice.
This is the most helpful site I have ever came across and am so grateful to all of you here.
I will let you know what happens next. Wish me luck!
 Quoting: Giving it a Try

send all mail by return receipt because they routinely lie to deny proper notification
Jazzake
User ID: 1116329
United States
10/01/2010 11:52 AM
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Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid?
Hi,
I don't know if shibumi2 is still here reading or not, but I have read 1-14 of this thread and am now going to give shimbu2's advice a try. I owe about $24,000 in debt. I had a stable job for 8 years and then got laid off right after I just had a baby. I have never been late on credit card payments and paid them off usually in full until I got laid off and was not able to pay. My last payment was back in 2009 of last year. I was contacted by phone by a 3rd party collection agency and I wrote them a letter and told them to no longer contact me by phone, so they sold my debt to a another company.
Then I found this thread.
A few days ago I had received my first letter stating that I have 30 days to dispute otherwise they sue me. While typing out the letter posted by shibumi2 here I got a phone call from the so called law-firm that I was writing my letter to. A lady who sounded as if she was a new trainee answered and was speaking in a very uncomfortable and non confidant manner.
She said that I was not able to dispute my charges because I had passed the 30 day period, although my first letter received clearly states that I have 30 days to dispute. She said it passed because my closing period was back in June. I told her that I no longer wanted to speak to her and to notify me by mail. She tried to pass the phone over to her manager and that is when I just hung up the phone.
Now I am going to mail out my letter today and I hope that I won't end up being sued because from then on I don't know how else to proceed. I don't own any property. I have an old car that is practically undrivable and it would be a good thing if they actually took it away. I am not employed, not married and am living by the skirts of my boyfriend and mother. I have no money, no allowance, no anything. If they do sue me, it would be a total loss on their part because I have nothing except the shirt off my back and an old beat up car that just stays parked.
Well, I am sending the letter today, certified and registered. I want to thank everyone who contributed to this forum, especially shibumi2 for your wisdom and advice.
This is the most helpful site I have ever came across and am so grateful to all of you here.
I will let you know what happens next. Wish me luck!


Hi, I am shibumi2 and was happy to see this thread come back up.

To answer your question, the 30 day window is per the FDCA and, if no dispute challenge is received, the collection agency is free to pursue other avenues of collection, including court. If they receive notification after the 30 days, they should be precluded from starting any court action but it is a grey area. Whatever the situation, you do not lose any legal rights after 30 days but the goal here is to avoid entering into the legal arena in the first place. Most people toss the notices in the trash which is exactly what these scum count on.

The process is very effective and has worked for me every time. Over the numerous times I have used it, only once did it get to a court proceeding, and the motion to dismiss i filed worked perfectly. But it is more time and effort.

Send the letter, contest the debt as stated. You will likely get some copies or a statement. Respond that it is insufficient to validate the debt (which it is) and they will go away. Note that they usually sell the debt to another scumbag so you may get a letter from another agency a year or two later. Same letter, same process. I have one that has been floating around for 4 years now. Never goes anywhere and not on my credit report (i had it removed---easy to do).

good luck and thanks for fighting!
 Quoting: Anonymous Coward 1018964

Greetings shibumi2. Have followed this thread for some time now. Need some assistance on filing a Motion to Dismiss. Received a 'copy' of an unsigned 'contract' listing publicly available information and this was supposed to be the 'signed contract' that I had requested as validation. Received a 'statememt' with a dollar amount and this was supposed to an answer in reponse to my demand for the ledger sheet. Received an affidavit from the 'placement' Mgr. and this was supposed to be the person who had overseen the entries on the ledger sheet. Thought this was behind me, but now comes a summons. Would appreciate your assistance with wording of the Motion to Dismiss.
Thanks
nextdoor
User ID: 1134575
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10/18/2010 06:50 PM
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Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid?
Shibumi2, are you there? They are comming after my pay check now. Am I to late?
[email protected]
User ID: 1152645
United States
11/04/2010 05:56 PM
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Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid?
Yes! This stuff really works but you MUST do it properly.
Strawman
Write to Department of Artifical Entities in Ben Salem Pa. A division of Federal taxation,. Ask how you became an obligated tax payer I have received letters back on offical staionary, saying they connot answer if I am or are not as taxes are voluntary, you must decide if you are a taxpayer.
in blue ink UCC1/207/305/508 All Rights Reserved without prejudice above your signature on any agreement has saved my Buns many times in Traffic Court open court and other challanges,i.e. car rentals, time restriction agreements.

As far as Soveregenity goes, you should file a Declaration of Status two copies each with your local clerk of county, States Attorney and Secretary of Treasury.
Registered or certified mail.

more questions? contact

Louis; at American Constitutional Law Society (AMCOLA1794@gmail)
[
hitndahedfred
User ID: 826012
United States
11/23/2010 12:29 PM
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Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid?
A BIG OLE BUMP
Gotta kick start this back into gear and wake it up.

Comeon sheeple ,, there is a LOT of wonderful information here in these pages.

READ and LEARN.

peace
Anonymous Coward
User ID: 590644
United States
11/29/2010 11:06 PM
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Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid?
So, the feds create money with a few strokes at the keypad and that is legal.

But when some people try to create some of their own using the 1099 OID process - that's a crime.

From the Seattle area: [link to home.hiwaay.net]

Up to date; case filed November 03
Not Indoctrinated
User ID: 1188249
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12/08/2010 05:35 AM
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Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid?
You people talk as though the money system is devised as a way to keep you down. It's not. YOU CHOOSE to take loans and/or credit cards. YOU CHOOSE to use them to accumulate debt. Then when YOUR CHOICES prove to be bad, you blame the system. Ever hear of personal accountability?
 Quoting: Anonymous Coward 9482


yoda
Not Indoctinated
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12/08/2010 05:37 AM
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Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid?
You people talk as though the money system is devised as a way to keep you down. It's not. YOU CHOOSE to take loans and/or credit cards. YOU CHOOSE to use them to accumulate debt. Then when YOUR CHOICES prove to be bad, you blame the system. Ever hear of personal accountability?
 Quoting: Anonymous Coward 9482

This person holds a typical job, stock broker, accountant, bureaucrat, collection agent, banker who screws people out of money, car repo guy that strong arms for the bank. Mind you Banks are the institutions enslaving and destroying the American Population today! Most of these people do not care about the fact people that got burned on the high interest rate loans, certainly a sheep of some kind would never understand details and the nature of lies fed to the poor American people. With talks of rational self interest, unfortunately, the curse on America is being put on us for just that reason. Simply, everyone cares about themselves, very few really care about others. These lies come to us in the form of mass hypnosis used by the mass media. Lies sold to us by the false Paradigm and illusionary Democratic and Republican party.
These parties do not oppose one another. Simply the fact the most well educated, I call indoctrinated people, fall for this lie, truly saddens me. People deserve the real truth, yet only believe what they are told by liars.
Believing that people are responsible for being manipulated, is truly a dangerous poison. Are you responsible for what you eat ? With today’s knowledge one would think so. Sadly even the smartest people and the healthiest foods are poisoned in some way or another. How, you might ask ? Every time the FDA, USDA, poisons your food, you eat it; Not truthfully knowing what is really in it! They use all kinds of impossible terminology and poisons in legal terminology in the lies of poisons put into your food which not only enters your body, enters your mind. All your loans, legal documents are filled with so many manipulation, most men can not read them. Even given the longest hours to interpret these legal lies, would be a futile attempt by most. People are simply way to busy in day to day life to sit around and think about these important issues. This is how they slip everything by on you.
Nearly all legislature lobbied for, proposed, bills passed, laws to go in effect are so jaded with the same ingredients of lies. So much mixed up terminology, which could never be understood by one man, unless studied for hours at a time, even years to interpret properly. These laws are slipped into the houses we buy, the laws that help destroy our individual sovereignty, the car loans you take; Yes, even the foods we eat and water we drink. It is required by law to put a certain amount of Sodium Fluoride in human drinking water. They say it's not enough to harm you. Yet in the wrong quantity Sodium Fluoride can kill you. It was the main drug of choice used to kill Jews by the Nazi Germans. These chemicals are so harmful. They tell us it's fluoride. Yet, nothing could be further from the truth. As most people do not know the underlying ingredients and poison agents and additives, our weak, weak USDA uses to qualify something as Sodium Fluoride. Hence, many peoples lives are destroyed, due to lack of knowledge and understanding.

What do we do? Continue to believe we are responsible, as they wish for us to believe. Truly, the indoctrinated believe in these Satanic ideologies. However , my friends who become more aware, awakened are surely to fall for these lies in the next generation of our children and blood relatives. We all need to take a deeper concern for these issues. Surely, there is a light at the end of the tunnel here. But unless I can help my friends and my friends can help their friends gain this organically grown wisdom to fully understand truth, surely no one will write this in books. As this will never be taught in schools
Hitndahedfred

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01/06/2011 07:36 AM
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Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid?
This is another great thread which has been buried in GLPs servers for a while.

peace
Each time a person stands for an ideal, or acts to improve the lot of others, or strikes out against injustice, he or she sends forth a tiny ripple of hope. And crossing each other from a million different centers of energy and daring, those ripples build a current that can sweep down the mightiest walls of oppression and resistance. Few are willing to embrace the disapproval of their fellows, the censure of their colleagues, the wrath of their society. Moral courage is a rarer commodity than bravery in battle or great intelligence. Yet it is the one essential vital quality for those who seek to change a world that yields most painfully to change. [Robert F. Kennedy]



[link to www.stricklychopped.com]

[link to www.ghi-engrs.com]
Anonymous Coward
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01/06/2011 07:47 AM
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Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid?
To me the bottom line is that almost everyone that is in debt has been screwed out of a hell of a lot more by the banksters than they owe them, we ought to all just tell them to fuck off and not pay them anything. Thats the simple solution all of you are overlooking. Holding a piece of paper that says you own something is useless unless it is universally recognized. Just tell em to fuck off. Same with the national debt the government has accrued. We keep our cars and our homes and our property and just tell them to fuck off.
Anonymous Coward
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01/06/2011 08:43 AM
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Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid?
While I only owed 6,000 when it got sent to lawyers they say I owe $16,000. BASTARDS
 Quoting: BrokeAC 106184


You need to talk to an Admiralty / Maritime Lawyer. There are loops holes. Seek private (and if possible free) counsel.
Anonymous Coward
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01/09/2011 02:24 PM
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Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid?

blahblah

Just kill the slave owners. Simple. Fuck legality. Kill your way to freedom.
 Quoting: Anonymous Coward 118505



Then they chase you into a maroon and sequester you there. You can't kill them all at one time, can you?
Beat It
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01/26/2011 03:25 AM
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Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid?
For all of you concerned about credit card debt, I see you keep saying that you signed a contract. I must correct you, what you filled out and signed was an APPLICATION. No contract exists. Just tell them you dont want any more payment coupons. Ask them to send you an invoice for the total that you owe and you will gladly pay it. By law, you must have a contract to issue an invoice. :) No contract, no invoice, no debt!
nextdoor
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01/28/2011 08:27 PM
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Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid?
I read in this thread that removing something from a credit report was easy. Does anybody know how?
Anonymous Coward
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01/30/2011 02:38 PM
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Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid?
Using the ExemptionWhat so you say when the judge asks why you have a right to use the exemption as we call it? Below is what we have learned to say:
What gives you the right to do this/What did you give?"
The instrument tendered in discharge of this debt is an "Obligation of THE UNITED STATES," under Title 18 USC Sect.8, representing as the definition provides a "certificate of indebtedness ….drawn upon an authorized officer of the United States," (in this case the Secretary of the Treasury) "issued under an Act of Congress" (in this case public law 73-10, HJR-192 of 1933 and Title 31 USC 3123), which establish this and provide for its issuance as "Public Policy" in remedy for discharge of equity interest recovery on the public debt to its Principals, and Sureties who are bearing the Obligations of THE UNITED STATES.To my knowledge, This is a statutory remedy for equity interest recovery due the principles and sureties of the United States for discharge of lawful debts in commerce in conjunction with US obligations to the public debt.
This has been a difficult concept for others to grasp and to know how to use it, so its never gained common use.
But It is a fact:, During the financial crisis of the depression, in 1933 substance of gold, silver and real money was removed as a foundation for our financial system.
In its place the substance of the nation was, in effect, hypothecated by the government as the collateral for US debt, credit and currency for commerce to function.
This is well documented from the laws passed by Congress at that time, and if the Court questions this I will be happy to provide that information for its review.
But It is a fact: The entire financial reorganization of the United States continues on from 1933 backed by the private assets and wealth of that class of persons by whom it is owned, at risk backing the government's obligations and currency by their implied consent, through the government having provided remedy for recovery of what is due them on their assets and wealth at risk.
And even though the right to the remedy is not commonly understood, it is still an obligation the United States has bound itself to and has provided for in statutory law. and the United States still accepts these non-cash accrual exchanges today as a matter of law and equity. This is my understanding of the reason for this, your honor, but there may be others I do not know of.
It is a fact: Title 31 USC 3123 makes a statutory pledge of the United States government to payment of obligations and interest on the public debt.
It says, "the Secretary of the Treasury shall pay interest due or accrued on the public debt" and further delineates a portion of the total public debt which is held by the public, [you and me], as "the net public debt".
It is a fact: Title 18 Sect. 8 defines "obligation of the United States"..."to include" all certificates of indebtedness drawn upon authorized officers of the United States issued under any Act of Congress," which of course includes the Secretary of the Treasury, And of course includes public law 73-10, HJR-192 which provides for its issuance as "Public Policy" in remedy for discharge of equity interest recovery on that portion of the public debt to its Principals, and Sureties bearing the Obligations of THE UNITED STATES.It is also a fact, every day the United States Treasury department receives dozens or hundreds of such instruments making claims of this type. Some are valid and some are not.
And It is a fact: There are only 3 official government directives or alerts that address spurious, fraudulent, fictitious, or otherwise invalid, instruments sent to the US Treasury for payment, and only one that officially states what is to be official US government policy and treatment of them if they are received, this is ALERT 99-10: which is also published on the government website for the United States Treasury: [link to www.publicdebt] [url may be incorrect; try searching under Frauds and Phonies]It says: " Any of these instruments that are presented to the U. S. Treasury for payment will be returned to the sender."
So as we told them, get them to send it on in and if its not any good, it will comeback, just like a bad check. But they wouldn't do that and so we are here today.
I would ask what facts would our opponent or the Court dispute?
Would the Court dispute the fact the substance of those legal classes of persons:
their real property, wealth, assets, and labor that belongs to them, has been pledged by the government and placed at risk as the collateral that is now backing the obligations of the United States as Congress plainly declares?
Would the Court claim remedy for recovery on their risk is not what has been provided in the statutes we have cited here? And that this is not an acknowledged obligation of the United Stated as shown here?
Your honor, We didn't create the financial reorganization in 1933 or the basis it is built on. We weren't born.
I didn't define the terms to be what they are
or write the laws of Congress the way they have written them to provide the right to access such remedy in the way they have done it. But I would respectfully suggest that plaintiff and the honorable Court are going to have to accept what Congress has provided for in this Country in discharge of the public debt to those whom it is due, or somehow show in law that this is not so.
Congress has defined ‘Obligation of the United States’,It has defined those classes of persons who have right to access this remedy on the obligation of the United States due them in discharge of the public debt in the way that Congress has provided.
What more can we say? This is the way it is.
If our opponent wants to show otherwise they are free to do so if they can.
To my knowledge this is a lawful means of discharge of debt against the obligation of the United States for equity interest recovery due in discharge of the public debt. I have not seen or been presented with any evidence to the contrary, and I am of the firm belief there is none.
The objective is to establish on the record the facts in a way they cannot refute you and do not have the facts or evidence to show otherwise.
 Quoting: Anonymous Coward 119138
Anonymous Coward
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United States
02/26/2011 10:57 PM
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Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid?
any caselaw or help in Texas or elsewhere on how to get out of criminal fraud charges. Everything I've seen in here is great for civil debts or traffic tickets, but I'm jammed up and am looking for a way out. ADA is looking for time, he says I've stolen over 400 grand.
Anonymous Coward
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02/27/2011 09:14 PM
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Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid?
Here is something i'm involved with now...third collection agency to contact me on this...the first two tucked tail and ran, as I expect this one to as well.

If they don't I'm going to file suit for fraud and racketering under RICO statutes.


Dewey, Cheatum and Howe PC
PO Box XXX
Lowlife TX 66666-6666

Attn: Unknown—Unsigned Correspondence Received

June X, 2006

VIA: Certified Mail # _________________________

Re: Your account #666

A collection letter was received from your office on May X, 2006.

You are hereby in receipt of notice under the authority of the Fair Debt Collections Practices Act regarding your above referenced file number that part, or all, of the alleged debt is DISPUTED and hereby demand validation and verification, in writing, as follows:

1) A copy of the ORIGINAL signed contract and other supporting documentation that gave rise to the alleged obligation Dewey, Cheatum and Howe PC is claiming owed.

2) Statement, under penalty of perjury:
a. that your client is the bona fide party in interest of the contract and will produce said ORIGINAL signed contract (#1 above) for my own and a judge’s inspection should there be a trial to contest these matters.
b. the name and address of all persons, corporations, associations, legal firms or any other parties and entities having an interest in the collection or legal proceedings regarding the alleged debt.
c. that as a debt collector you have not purchased evidence of debt and are proceeding with this collection activity solely in the name of the original contracting party.
d. that you know and understand that certain clauses in a contract of adhesion are unenforceable unless the party to whom the contract is extended could have selectively rejected the clause.
e. and provide written verification from the stated creditor that you are authorized to act on their behalf in this debt collection action.
f. That Dewey Cheatum and Howe PC has taken reasonable and prudent diligence to verify that the amount claimed owed is in fact a legitimate debt prior to instigating this action and making said claims, and that all relevant correspondence has been reviewed prior to initiating this claim.

3) Production of the account and general ledger statement showing the full accounting of the alleged obligation you are attempting to collect from me, signed and sworn by the person responsible for maintaining these records and having first hand knowledge as to their accuracy and authenticity, and able to testify under oath to that effect.

Contacting me again after receipt of this notice without providing procedurally proper validation of the alleged debt constitutes a scheme of fraud by advancing a writing that you know or should know is false, with the intention that the courts and/or others rely on the written communication to impair or damage my credit rating, my reputation, my standing in the community as well as intentionally inflicting financial and emotional harm upon me. I take this notice, and my rights, very seriously and expect Dewey Cheatum and Howe to do the same.

Your firm is now the third debt collection firm to contact me in regards to this alleged debt. I have requested the exact same information from each firm and to date have received no response. In the event that this debt is not validated by you as required by the Fair Debt Collections Act, you have a legal responsibility to terminate the claim and correct any negative credit reporting which may have been made in connection with this alleged debt. You may want to obtain a legal opinion on this, but I believe that would constitute a scheme of fraud if this debt were to be resold; assuming that Dewey Cheatum and Howe PC has in fact purchased evidence of debt in this matter.

I also will not respond to any future correspondence which is not signed or does not indicate who at your firm has sent the demand for payment.

I expect timely responses to the above confirmations and that they be made in writing and sent via certified mail to the address listed below. Alternately, a letter from your firm that the matter has been satisfied and that any adverse credit reporting relating to this transaction has been expunged by the three major credit reporting agencies.

Signed

U.R. Fraud
 Quoting: shibumi2


hi Shibumi2, I dont know if youre still arround so if anyone else can answer this question please feel free to.

a asked on some of the credit repair message boards about using this as a validation letter and the over whelming responce was that it isnt needed and to keep it simple.

they advise this: "I dispute, please verify, all calls are inconvenient"
will acomplish the same effect. but.. they are not freeman or soveriegn and I didnt mention those terms to them either I only copied your letter and asked for comments about it there.

I need to send something soon as my 30 days from initial contact runs out in a few days.

can anyone help me with this?
Anonymous Coward
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03/06/2011 02:37 AM
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Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid?
wow! im amazed that this thread is still alive and kicking!

I was banned off and on here at glp...not sure why or maybe just caught in the crossfire with the admin and the shills or whomever.

Anyway, to answer the above posters comment/question...

If you read the FDCA,, it is specific on what needs to be done in the event that one is demanding debt validation from a third party debt collector. I would say that the minimalist approach, as long as it meets the minimum required by statute, is probably fine. Be careful that the language is correct tho...even small changes can make a huge difference.

I have to say that I have had a perfect run with the letter i posted on here. It is very specific, meets the statute (with no doubt whatsoever) and also sets them up for fraud charges, puntitive damages...not to mention that no one wants to deal with the burden of answering all the points. they just move on to the next chum. Seriously, it might be a bit of typing, but once you have cut and pasted into word, you are good to go.

I will check on here from time to time. Happy to help out.

I would also like to get a few posters on this thread up to speed so we can keep the thread alive and rolling when I'm not on for whatever reason.

To recap...the main thing is not to ignore the original collection letter which is what 95% do. Make the objection (via the letter) and it wont get to the court stage...because it cant. Once you drive it home that you know what you are doing, you can really bring down the fires of hell on these scumsuckers.

s2
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03/06/2011 02:46 AM
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Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid?
For all of you concerned about credit card debt, I see you keep saying that you signed a contract. I must correct you, what you filled out and signed was an APPLICATION. No contract exists. Just tell them you dont want any more payment coupons. Ask them to send you an invoice for the total that you owe and you will gladly pay it. By law, you must have a contract to issue an invoice. :) No contract, no invoice, no debt!
 Quoting: Beat It 1243918


i think this is incorrect, but I will check into this. Interesting at the least.

What is signed can be considered an application, but read what you are signing when you apply. It contains all of the elements of a contract...offer, consideration, acceptance and performance. Also, the application says that by signing you agree to adhere to the agreement. One could argue that there was incomplete consideration as the terms of the credit card arent usually presented until after the card is received...but there is usually a lot of fine print on the back.

The credit card is not a bilateral contract, it is a contract of adhesion. that means that it is written entirely by one party and presented as a take-it-or-leave-it proposition.

in a bilateral contract, there is equal consideration by both parties...it is negotiated. These contracts operate under contract law and breach of the agreement usually means a lawsuit.

a contract of adhesion has only one remedy...the breached party (bank for instance...or cell phone carrier) stops performing the contractes service. thats it.

that is why these scumsuckers sell the "debt" to lower orders of life forms...lawyers. they prey on the lack of knowledge of the population which has been a very good bet for them.

tell your friends and neighbors. its quick and easy!
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03/06/2011 02:51 AM
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Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid?
Hi,
I don't know if shibumi2 is still here reading or not, but I have read 1-14 of this thread and am now going to give shimbu2's advice a try. I owe about $24,000 in debt. I had a stable job for 8 years and then got laid off right after I just had a baby. I have never been late on credit card payments and paid them off usually in full until I got laid off and was not able to pay. My last payment was back in 2009 of last year. I was contacted by phone by a 3rd party collection agency and I wrote them a letter and told them to no longer contact me by phone, so they sold my debt to a another company.
Then I found this thread.
A few days ago I had received my first letter stating that I have 30 days to dispute otherwise they sue me. While typing out the letter posted by shibumi2 here I got a phone call from the so called law-firm that I was writing my letter to. A lady who sounded as if she was a new trainee answered and was speaking in a very uncomfortable and non confidant manner.
She said that I was not able to dispute my charges because I had passed the 30 day period, although my first letter received clearly states that I have 30 days to dispute. She said it passed because my closing period was back in June. I told her that I no longer wanted to speak to her and to notify me by mail. She tried to pass the phone over to her manager and that is when I just hung up the phone.
Now I am going to mail out my letter today and I hope that I won't end up being sued because from then on I don't know how else to proceed. I don't own any property. I have an old car that is practically undrivable and it would be a good thing if they actually took it away. I am not employed, not married and am living by the skirts of my boyfriend and mother. I have no money, no allowance, no anything. If they do sue me, it would be a total loss on their part because I have nothing except the shirt off my back and an old beat up car that just stays parked.
Well, I am sending the letter today, certified and registered. I want to thank everyone who contributed to this forum, especially shibumi2 for your wisdom and advice.
This is the most helpful site I have ever came across and am so grateful to all of you here.
I will let you know what happens next. Wish me luck!


Hi, I am shibumi2 and was happy to see this thread come back up.

To answer your question, the 30 day window is per the FDCA and, if no dispute challenge is received, the collection agency is free to pursue other avenues of collection, including court. If they receive notification after the 30 days, they should be precluded from starting any court action but it is a grey area. Whatever the situation, you do not lose any legal rights after 30 days but the goal here is to avoid entering into the legal arena in the first place. Most people toss the notices in the trash which is exactly what these scum count on.

The process is very effective and has worked for me every time. Over the numerous times I have used it, only once did it get to a court proceeding, and the motion to dismiss i filed worked perfectly. But it is more time and effort.

Send the letter, contest the debt as stated. You will likely get some copies or a statement. Respond that it is insufficient to validate the debt (which it is) and they will go away. Note that they usually sell the debt to another scumbag so you may get a letter from another agency a year or two later. Same letter, same process. I have one that has been floating around for 4 years now. Never goes anywhere and not on my credit report (i had it removed---easy to do).

good luck and thanks for fighting!
 Quoting: Anonymous Coward 1018964

Greetings shibumi2. Have followed this thread for some time now. Need some assistance on filing a Motion to Dismiss. Received a 'copy' of an unsigned 'contract' listing publicly available information and this was supposed to be the 'signed contract' that I had requested as validation. Received a 'statememt' with a dollar amount and this was supposed to an answer in reponse to my demand for the ledger sheet. Received an affidavit from the 'placement' Mgr. and this was supposed to be the person who had overseen the entries on the ledger sheet. Thought this was behind me, but now comes a summons. Would appreciate your assistance with wording of the Motion to Dismiss.
Thanks
 Quoting: Jazzake 1116329


Sorry i missed this. If the poster is still around and this is still going on, let me know.
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03/06/2011 02:52 AM
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Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid?
any caselaw or help in Texas or elsewhere on how to get out of criminal fraud charges. Everything I've seen in here is great for civil debts or traffic tickets, but I'm jammed up and am looking for a way out. ADA is looking for time, he says I've stolen over 400 grand.
 Quoting: Anonymous Coward 1278639



i think this is beyond the scope of a debt collection thread. however, if you get a debt collection letter from the ADA demainding you return the 400K or they will give you a bad credit report, please send me a copy.
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03/06/2011 02:59 AM
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Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid?
I read in this thread that removing something from a credit report was easy. Does anybody know how?
 Quoting: nextdoor 1134575


same basic technique. the credit reporting agencies have specific procedures and deadlines for requests to repair credit info. they are even more lazy than the debt attorneys.

if anyone is interested, let me know and i will post up a quick summary,

what i have come to conclude is that i dont give a shit about their credit scores and credit systems. they are both tools of bondage.


i used to insist that those who I helped agree to get rid of their credit cards, but now realize that it was a mistake to insist that. people are free to contract and even make the same mistake twice. many posts on here have been critical of people who have gotten into situations where they are over their heads financially and using this technique.

to those who say such things (and arent paid shills, if any) these credit card systyems are unlawful and fraudulent. THAT is a fact. So i believe that everyone gets an education and a fresh start. ONE. if a person gets cleaned up and does the same thing again I wont help them (although they dont need my help once they have done it themselves). Like a three card monte game in NY...cheated oncem shame on them...cheated twice, shame on you.
Oklahoma

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03/06/2011 03:02 AM
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Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid?
blahblah

Just kill the slave owners. Simple. Fuck legality. Kill your way to freedom.
 Quoting: Anonymous Coward 118505


Finally someone with some sense! rockon
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03/06/2011 12:24 PM
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blahblah

Just kill the slave owners. Simple. Fuck legality. Kill your way to freedom.
 Quoting: Anonymous Coward 118505


Finally someone with some sense! rockon
 Quoting: Oklahoma


you're living on their plantation
nextdoor
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03/28/2011 05:10 PM
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Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid?
I read in this thread that removing something from a credit report was easy. Does anybody know how?
 Quoting: nextdoor 1134575


same basic technique. the credit reporting agencies have specific procedures and deadlines for requests to repair credit info. they are even more lazy than the debt attorneys.

if anyone is interested, let me know and i will post up a quick summary,

what i have come to conclude is that i dont give a shit about their credit scores and credit systems. they are both tools of bondage.


i used to insist that those who I helped agree to get rid of their credit cards, but now realize that it was a mistake to insist that. people are free to contract and even make the same mistake twice. many posts on here have been critical of people who have gotten into situations where they are over their heads financially and using this technique.

to those who say such things (and arent paid shills, if any) these credit card systyems are unlawful and fraudulent. THAT is a fact. So i believe that everyone gets an education and a fresh start. ONE. if a person gets cleaned up and does the same thing again I wont help them (although they dont need my help once they have done it themselves). Like a three card monte game in NY...cheated oncem shame on them...cheated twice, shame on you.
 Quoting: Anonymous Coward 1285940


Hi Shibumi2, I wrote about removing a negitive statement on my credit report. If you could help with a quick summery
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03/28/2011 05:24 PM
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Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid?
essentially, one would order up a credit report and look at any negative entries. Put together a form letter requesting verification/validation of debt...something along the lines of...

I am in receipt of my credit report from your company.

I hereby demand validation of alleged debt for the following item(s):

(list items in question)


The credit reporting agencies have 30 days to validate the debt or remove the negative entry.

You will receive a form letter or statement back within the 30 days which will not constitute a legal/lawful verification or validation of debt. (court order/affidavit).

Sometime before the end of the 30 day period, you then send a second letter...

You have failed to furnish lawful validation of debt within the 30 day period as required. Therefore, I demand the record(s) in question be stricken from my credit report.

it is best to send all correspondence via certified mail, return receipt. At the least, get a certificate of mailing.

make sure the demand letters are DATED.

Of course, if the creditor DOES have a court order or affidavit for the amount in question, this will not work. I have yet to see any company produce the correct documents.

pretty simple procedure.





GLP